Grievance procedures and third parties

Sometimes, employees raise grievances about concerns beyond the employer’s control, such as bullying or harassment by a customer or supplier, or by the staff of an end user. The Acas Guidance suggests that such grievances should be approached in the same way as grievances within the employing organisation, with the employer or manager investigating as far as possible and taking action if necessary. This could include taking up the issue with the outside party. The employer should make it clear to outside parties that grievances are taken seriously, and that action will be taken to protect their employees.

Employers can also use other means, for example, setting legally enforceable standards of behaviour (with sanctions) in any service contract, communicating clear standards using posters and notices, and withdrawing services from third parties that break the rules. Employers are increasingly likely to be vicariously (legally) liable to their own staff for the acts of third parties who are operating under the employer’s control and direction, so they need to ensure they have rules in place to protect them (Cox v Ministry of Justice [2016] SC 10, Various Claimants v Barclays Bank Plc [2017] EWHC 1929).